(1) These General Terms and Conditions of T-SHAPED APPS LTD, Griva Digeni 51, ATHINEON COURT, Flat/Office 202, 8047 Paphos, Cyprus (hereinafter, the “Provider”), govern the use of Gymtone services on the Gymtone website gymtone.ai (hereinafter, the “Website”) and mobile application (hereinafter, the “App” or the “Gymtone App”). They apply regardless of whether the App is used free of charge or for a fee.
(2) Only the following General Terms and Conditions apply between T-SHAPED APPS LTD (hereinafter, also the “Provider” or “Gymtone”) and the user of Gymtone services (hereinafter, the “User”) as amended at the time of use. Deviating terms and conditions of the User shall not be recognized, unless the Provider expressly agrees to their validity.
(1) Gymtone offers its Users a program tailored to the topics of strength training, workout programming, muscle building, fitness progression and, where applicable, nutrition and calorie tracking, and through the Gymtone App and on gymtone.ai, it offers a number of ways for Users to become familiar with these topics (hereinafter, also the "Services").
(2) The terms "Consumer" and "Entrepreneur" correspond to the legal definitions under applicable EU law. Thus, the User is herein the "Consumer," insofar as the use or purchase of the Gymtone App cannot be assigned primarily to the User's commercial or self-employed professional activity. In contrast, "Entrepreneur" refers to any natural or legal person or partnership with legal capacity that acts in exercise of its trade, business, or profession when using the Gymtone App or entering into the contract.
(3) "Distribution Platform" refers to the shops (stores) of platform operators, such as Google ("Google Play") and Apple ("App Store"), where the User can select and download the Gymtone App to be installed on the User's device.
(1) The Gymtone Services can be used free of charge or for a fee. This also applies, in particular, to use of the Services via the Gymtone App. The App is always free of charge when installed through a Distribution Platform. Use for a fee always requires special, express consent by the User in the App (see below § 5 and § 6).
(2) As a general rule, the Gymtone App can be installed and operated on all Gymtone-supported platforms and end devices, including mobile phones, smartwatches, tablets, and other mobile devices.
(3) By using the Website or installing the App, the User accepts these General Terms and Conditions. If the User downloaded the App from a third-party Distribution Platform and accesses Gymtone Services through the App, then the respective terms and conditions of business and/or use of the Distribution Platform apply in addition. Where conflicts arise as a result of this, these General Terms and Conditions take precedence.
(4) The User confirms that his or her information is true, accurate, current, and complete. Regular updates of personal information are required.
(5) The User is not permitted to circumvent technologies used to control geographic or other access in order to use fee-based services of Gymtone without authorization.
(6) The User is obliged to protect his or her account from unauthorized access and misuse. Suspicious activity and possible violations are to be reported to the Provider immediately at support@gymtone.ai. Any possible reimbursement of unauthorized payments will be made only after successful reporting of the misuse.
(7) If the Provider detects abusive conduct of a User, the Provider is entitled to close the respective account.
(8) You must be at least 16 years of age to use our App, unless a parent or legal guardian has consented to the installation and subsequent use in accordance with applicable law. Should Gymtone learn that personal data of a minor younger than the minimum age was collected without parental consent, the Provider will take the necessary steps to delete these data without delay.
(1) The Provider is not a medical organization, and its recommendations do not constitute medical advice. Because the Gymtone Services include strength training, cardiovascular activity and other forms of physical exercise that may carry a risk of injury or aggravate pre-existing conditions, the User is advised to consult a doctor before starting any new training program, especially where the User has cardiovascular conditions, hypertension, musculoskeletal injuries, is pregnant or recovering from illness, or is currently receiving medical treatment or taking prescription medication. The Provider recommends performing exercises with proper technique, progressing training load gradually, and stopping any exercise that causes pain, dizziness, shortness of breath or any other warning sign. The Provider accepts no responsibility for the actions of the User or for any injury or health consequence resulting from the User's use of the Gymtone Services. None of the content is intended to supplement or replace information provided by a doctor, physiotherapist, pharmacist or other qualified healthcare professional. By agreeing to these General Terms and Conditions, the User confirms that he or she is solely responsible for his or her health and physical safety.
(2) The Provider recommends that the User maintains his or her weight in accordance with the guidelines for healthy weight specified by the World Health Organization (WHO), which corresponds to a body mass index (BMI) between 18.5 to 25. The BMI can be calculated using the following formula: body weight (in kg) divided by height (in m) squared.
(1) The Gymtone App can be operated with or without a personalized User account. If a personalized User account is created, the User is required to enter his or her name and e-mail address, and choose a password. The User can convert his or her existing anonymous account into a personal User account at any time by linking his or her e-mail address with the User account.
(2) To use the Gymtone App with a connected device (e.g., Apple Watch or Wear OS device), the only requirement is the creation of a User account via the respective sign-in method, even if the wearable is not paired with the User's phone.
(3) The Gymtone App can also be used by linking it with the User's profile at a platform operator, e.g. by creating a Gymtone User account via "Sign in with Apple" or "Sign in with Google."
If Gymtone Services are used free of charge, the contract of use may be canceled by either T-SHAPED APPS LTD or the User with 14 days' notice sent to support@gymtone.ai or the User's e-mail address on file, respectively. In addition, the User has the ability to delete the account in the App settings.
(1) Gymtone offers Users subscriptions with various fixed terms and a usage fee specific for each term, which is payable in advance in order to be able to use all Services without limitation (hereinafter also "Gymtone Premium" or "Premium Functions").
(2) If the User wishes to use the functionality of the paid version of the Gymtone App, the User can purchase the Premium functions via the Gymtone Website as well as upgrade the App using an "in-app purchase" via a Distribution Platform.
(a) To purchase the Premium functions via the Provider's Website, the User must log in with his or her e-mail address and password or reregister. In his or her user account, the User can view and purchase different subscription options on the corresponding product page.
(b) If the User carries out the upgrade via a Distribution Platform, the specific procedure shall be governed by the respective platform operator. The purchase agreement shall take place according to the terms and conditions of the respective Distribution Platform. These terms and conditions also determine whether the purchase agreement is to be made between the User and the Distribution Platform or between the User and the Provider.
(3) Where the subscription is purchased on the Website or through a Distribution Platform, e.g. the Google Play Store or the App Store, Gymtone may temporarily offer Users the option to use the chosen subscription free of charge for a Gymtone-specified period of time (trial subscription). The trial subscription begins on the date on which the purchase process is concluded. The User will be notified of the testing phase when signing up for the trial subscription. A fee will not be charged during the testing phase, but Gymtone may require the User to provide his or her payment details at the start of the trial subscription. If the User does not cancel the trial subscription during the period of the testing phase specified by Gymtone, the trial subscription automatically converts to a fee-based, limited-time subscription. The User will be notified of this and must provide his or her consent. The User will automatically be charged the relevant usage fee for the subscription after the last day of the Gymtone-specified testing phase. The Premium Functions will be automatically activated for the User after the purchase is completed. Gymtone may at any time change the scope of the Services for the trial subscription or discontinue offering a trial subscription.
(4) The limited-time subscription runs for at least the term originally chosen by the User, plus any preceding trial subscription period specified by Gymtone.
(5) The User may cancel the subscription at any time, effective at the end of the chosen term. If it is not canceled, the subscription renews for an unlimited period of time at the purchase conditions of the initial subscription and may be canceled by Gymtone or the User at any time with one month's notice, effective at the end of the month. If the User paid in advance, differential amounts will be refunded.
(6) If the subscription was purchased at gymtone.ai, notice of cancellation is to be sent using the cancellation button found in the footer, in the App or by e-mail to support@gymtone.ai. If the Provider cancels, the User is to be notified using the e-mail address on file. If the subscription was purchased through a Distribution Platform, it can be canceled in the manner described in the respective app store under subscription management.
(7) The right to cancel without notice for cause remains unaffected. Cause for Gymtone exists, in particular, where the User violates applicable law or material contractual duties. In addition, the arrangements in § 10 remain unaffected.
(8) If the User dies, his or her heirs are entitled to cancel the subscription in accordance with subsections 5 to 7.
(1) After purchasing the Gymtone Premium functions via the Gymtone Website, the User will receive an invoice for the outstanding usage fee, unless another method of payment has been agreed upon. If the User opts for a limited-time subscription with a possible prior testing phase specified by Gymtone and communicated to the User (trial subscription), the usage fee for the subscription first becomes due after the last day of the testing phase. After the testing phase, the usage fee for the respective subscription period becomes due immediately and is payable by the User in advance. If the limited-time subscription is not preceded by a testing phase, the usage fee for the respective subscription period is due immediately and is payable immediately after completion of the purchase.
(2) The User is obliged to pay all costs incurred if an outstanding payment cannot be collected from a bank account specified by the User. If payments that were made are charged back, or if the User does not pay fees, Gymtone is entitled to block all Services or access to individual ones.
(3) In-app purchases are billed via the respective Distribution Platform. The terms of payment specified by the respective platform operator shall apply.
The Provider reserves the right to change the usage fee for the subscription options. Price changes will only become effective when valid after the end of the subscription period or when the subscription renewal is due for payment. In the event of upcoming price increases, the Provider shall notify the User at least 30 days before the planned change of the usage fee. If the notification of the price increase is made less than 30 days in advance, the change shall take effect only after the next payment date.
(1) The Provider is free to change its Services at any time and when doing so to, e.g., change, interrupt or discontinue the free services of the Gymtone App at any time, temporarily or permanently, and in whole or in part. This also applies to the offer of limited-time subscriptions.
(2) The Provider shall inform the User at least 30 days before planned changes, interruptions, or discontinuation of fee-based services. The Provider will publish the updated usage fees.
(3) The User has the right to cancel his or her subscription without notice if the change, interruption, or discontinuation of the service causes unreasonable disadvantage to the User or the contractual balance between the parties is otherwise significantly disturbed. If the User exercises his or her right to cancellation, he or she may be entitled to a pro rata refund for the unused portion of the cancelled subscription. The Provider is solely responsible for any refunds granted under these terms.
(4) The subscription with the respective booked term ends if the Provider or the corresponding Distribution Platform used by the Provider ceases provision of services or business operations.
(5) The present General Terms and Conditions also apply to changed services.
(1) Insofar as the purchase agreement between the Provider and the User has been concluded, the Provider is liable for defects in the app in line with the applicable statutory provisions under the laws of the Republic of Cyprus. The warranty period for the app made available to Entrepreneurs by the Provider is twelve months.
(2) The Provider will make an effort to enable consistently complete and error-free availability of the Gymtone App but does not guarantee this.
(1) User claims to compensation for damages are excluded. This does not include a User's claims to compensation for damages for injury to life, limb, or health; damages caused by breach of material contractual obligations; or liability for other damages caused by a deliberate or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Material contractual obligations are those obligations that are required to achieve the objective of the contract.
(2) If material contractual obligations are violated, the Provider is only liable for the typical foreseeable damage if such damage was caused by ordinary negligence, unless the User's claim for compensation for damages is based on an injury to life, limb, or health.
(3) The limitations of subsections (1) and (2) shall also apply in favor of the Provider's legal representatives or vicarious agents if claims are asserted directly against such persons.
(1) If the contract is entered into with T-SHAPED APPS LTD (and not the platform operator), the User, where he or she is a consumer, has a statutory right of withdrawal against the Provider, as explained in detail below.
(2) Instructions on right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without reason. The period for the right of withdrawal amounts to fourteen days from the day the contract is entered into. In order to exercise your right of withdrawal, you must inform us (T-SHAPED APPS LTD, Griva Digeni 51, ATHINEON COURT, Flat/Office 202, 8047 Paphos, Cyprus, support@gymtone.ai) in a clear statement of your decision to withdraw from this contract (e.g., by sending a letter by mail or e-mail). You may use the enclosed sample withdrawal form, but this is not mandatory. The withdrawal deadline is deemed met if the letter stating your decision to use your right of withdrawal is dispatched before the withdrawal deadline expires.
Consequences of the notice of withdrawal
If you withdraw from this contract, we must return any and all payments that we have received from you without undue delay and, at the latest, within fourteen days from the day on which we received your letter stating your withdrawal. We use the same means of payment for this repayment as you used for the original transaction, unless we have explicitly agreed something else; under no circumstances will we charge you a fee for this repayment.
(3) Sample withdrawal form
(If you wish to withdraw from the contract, please fill in this form and send it back to us).
— To: support@gymtone.ai
or
— To: T-SHAPED APPS LTD, Griva Digeni 51, ATHINEON COURT, Flat/Office 202, 8047 Paphos, Cyprus
— I/we () hereby withdraw from the contract I/we () entered into concerning the purchase of the following goods ()/the performance of the following service ()
— Ordered on ()/received on ()
— Name of Consumer(s)
— Address of Consumer(s)
— E-mail address or specification of User ID of the Consumer(s) used for Welmi registration
— Signature of Consumer(s) (only if notification is made in writing)
— Date
(*) Delete as applicable
The European Commission has made available a platform for online dispute resolution (ODR) (Art. 14 Para. 1 of the ODR Regulation and § 36 of the German Consumers' Dispute Settlement Act (VSBG)). The platform serves as a point of contact for out-of-court dispute settlements regarding contractual obligations from sales contracts concluded online. You can find the platform under the following link: https://ec.europa.eu/consumers/odr.
(1) Subject to the User's compliance with these General Terms and Conditions, the Provider grants the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Gymtone App on devices owned or controlled by the User, solely for the User's personal, non-commercial use of the Gymtone Services.
(2) All right, title and interest in and to the Gymtone App, the Gymtone Services and the Website, including all intellectual property rights therein (including but not limited to software, source and object code, designs, graphics, text, training content, training plans, workout sequences, exercise descriptions, illustrations, photographs, audio, video, trademarks, logos and other content), are and shall remain the exclusive property of the Provider and its licensors. Nothing in these General Terms and Conditions transfers any such right, title or interest to the User.
(3) The Provider may, at its discretion, provide updates, upgrades, patches or new versions of the Gymtone App. Any such updates are subject to these General Terms and Conditions, unless they are accompanied by separate terms.
(4) The license granted under subsection (1) terminates automatically upon termination of the User's account or upon any material breach of these General Terms and Conditions. Upon termination, the User must cease all use of the Gymtone App and delete any local copies under his or her control.
(1) The User shall not, and shall not permit any third party to:
(a) copy, modify, adapt, translate, create derivative works of, or otherwise alter the Gymtone App, the Gymtone Services or any part thereof, except as expressly permitted by these General Terms and Conditions or by mandatory applicable law;
(b) reverse engineer, decompile, disassemble, attempt to derive the source code of, or otherwise attempt to discover the underlying ideas or algorithms of the Gymtone App or the Gymtone Services, except to the extent that such restriction is expressly prohibited by applicable law;
(c) rent, lease, sell, sublicense, distribute, transfer, assign, or otherwise commercially exploit the Gymtone App, the Gymtone Services, or any account or access credentials therefor;
(d) use any robot, scraper, crawler, bot, automated process or other unauthorized means to access, monitor, index, or copy any part of the Gymtone Services, the Website or any data made available through them;
(e) interfere with, disrupt, overload or attempt to compromise the integrity, security, availability or performance of the Gymtone Services, the Website or any related infrastructure, including by transmitting malware, performing denial-of-service attacks, or probing for vulnerabilities;
(f) circumvent or attempt to circumvent any technical, geographic, contractual or other access control, including any feature restrictions of free Services or any geographic restriction (see also § 3(5));
(g) use the Gymtone Services or the Gymtone App for any unlawful purpose, or in violation of any applicable law, regulation, third-party right or these General Terms and Conditions;
(h) impersonate any person or entity, or misrepresent the User's affiliation with any person or entity, when using the Gymtone Services;
(i) collect, harvest, store or process personal data of other users of the Gymtone Services without their consent;
(j) remove, obscure or alter any proprietary notices (including notices of copyright, trademark or other intellectual property rights) on or in the Gymtone App, the Website or the Gymtone Services.
(2) The Provider may, in its reasonable discretion, suspend or terminate the User's account, without prior notice, in the event of any material breach of subsection (1). The provisions of § 7(7) (cancellation for cause) and § 12 (Liability) remain unaffected.
(1) Contracts entered into between the User and the Provider are subject to the laws of the Republic of Cyprus, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions limiting the choice of law and the application of mandatory provisions, especially of the state where the User as the consumer has his or her habitual abode, remain unaffected. For U.S. Users, this subsection (1) is supplemented by § 17(7).
(2) If the User is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes under the contractual relationships between the User and the Provider shall be the registered office of the Provider in Paphos, Cyprus.
(3) If individual items are legally invalid, the remainder of the contract shall remain valid. Whenever such provisions exist, the statutory provisions shall replace the invalid provisions. If this would constitute undue hardship for one of the contracting parties, the entire contract shall be deemed invalid.
(4) Gymtone's General Terms and Conditions are available to Users in various languages. The English-language version is the original source for these General Terms and Conditions and, in the case of disputes, misunderstandings, or inconsistencies, is the authoritative version and shall take precedence over all translated versions.
(1) Scope. This § 17 applies only to Users whose country of residence is the United States of America (a "U.S. User"). To the extent of any conflict with the remaining provisions of these General Terms and Conditions, this § 17 prevails for U.S. Users.
(2) Informal Dispute Resolution. Before initiating any arbitration or other legal proceeding, the U.S. User and the Provider shall first attempt to resolve any dispute informally for a period of at least sixty (60) days. The U.S. User must send a written notice describing the dispute and the relief sought to support@gymtone.ai. The Provider may, at its option, send a corresponding notice to the e-mail address associated with the User's account.
(3) Binding Arbitration. Any dispute, claim or controversy between the U.S. User and the Provider arising out of or relating to these General Terms and Conditions, the Gymtone App, or the Gymtone Services, which is not resolved through informal dispute resolution under subsection (2), shall be resolved exclusively through final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (as modified for consumer disputes), and not in a court of law, except as set out in subsection (5) below. The arbitration shall be conducted in English. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(4) Class Action Waiver. THE U.S. USER AND THE PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one User and may not preside over any form of representative or class proceeding.
(5) Exceptions. Notwithstanding subsections (3) and (4): (a) either party may bring an individual action in small-claims court for any dispute within that court's jurisdiction; (b) either party may seek emergency or preliminary injunctive relief from a court of competent jurisdiction to prevent or restrain infringement of intellectual property rights, misappropriation of confidential information, or unauthorized access to or use of the Gymtone Services; (c) any dispute concerning the validity, scope or enforceability of the class action waiver in subsection (4) shall be decided by a court and not by the arbitrator.
(6) Opt-Out. A U.S. User may opt out of this § 17 by sending a written notice to support@gymtone.ai within thirty (30) days of first accepting these General Terms and Conditions. The notice must include the User's name, the e-mail address associated with the Gymtone account, and a clear statement that the User wishes to opt out of the arbitration and class action waiver provisions. Opt-out from this § 17 will not affect any other terms of these General Terms and Conditions.
(7) Governing Law for U.S. Users. Notwithstanding § 18(1), the laws of the State of Delaware (without regard to its conflict-of-law principles) govern the interpretation and enforcement of this § 17, including the applicability and enforceability of the arbitration agreement set out herein. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the arbitrability of all claims hereunder.
(8) Survival. This § 17 survives any termination of the User's account or of these General Terms and Conditions.
Help
App Help service: support@gymtone.ai
We make Gymtone
T-SHAPED APPS LTD
Griva Digeni 51, ATHINEON COURT, Flat/Office 202
8047 Paphos, Cyprus
Registered in the Republic of Cyprus
Company Registration Number: HE 653877
Represented by its Managing Director(s)